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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Property, Trusts and Succession 5th ed isbn 9781526527448

Property, Trusts and Succession 4th ed


ISBN13: 9781526518743
New Edition ISBN: 9781526527448
Previous Edition ISBN: 9781526500564
Published: September 2021
Publisher: Bloomsbury Professional
Country of Publication: Scotland
Format: Paperback
Price: Out of print




Also available as
£49.50

Provides full coverage of the property, trusts and succession parts of the LLB syllabus in Scottish universities in one convenient volume. The relevant rules of statute and common law are surveyed and frequent examples used, making this a highly practical and accessible text.

The new fourth edition includes coverage of:

  • Coronavirus: The epidemic has led to new legislation for property transactions, for instance the closure of the Land Register to paper deeds. Many of these 2020 changes are likely to prove permanent
  • New cases: Significant decisions since the 3rd edition include Renyana-Stahl Anstalt 2018 SC 406 (access to land), Ali v Serco Ltd 2020 SC 182 (eviction) Ardnamurchan Estates Ltd v MacGregor 2020 SLT (Sh Ct) 49 (prescriptive title to land) and Scottish Woodlands Ltd v Majekodunmi 2020 Hous LR 23 (upkeep of common areas)
  • Impending legislation: The combination of Brexit and Coronavirus has slowed down the progress of most legislative initiatives. Since the 3rd edition a number of such initiatives have joined the queue, most of which can be expected to be enacted within the foreseeable future, and accordingly an edition of the book appearing in 2021 should alert readers to them. Examples include (i) the Moveable Transactions Bill (major changes to the law of moveable property), (ii) Register of Overseas Entities Bill (with changes to the Land Registration legislation, (iii) the draft Register of Persons Holding a Controlled Interest in Land) (Scotland) Regulations (registration of beneficial ownership of land); (iv) reform of the law of real burdens (Scottish Law Commission's 2019 Report on Section 53 of the Title Conditions (Scotland) Act 2003).

Subjects:
Scots Law
Contents:
1. Introduction
2. Real rights
3. Ownership
4. Acquisition by voluntary transfer: the general principles
5. Acquisition by voluntary transfer: the rules for the various types of property
6. Prescription
7. Land registration
8. Acquisition by involuntary transfer
9. Original acquisition
10. Co-ownership
11. Sexual property law
12. Possession
13. Servitudes
14. Real burdens
15. Landownership
16. Tenements and developments
17. Rivers, lochs and the sea
18. Neighbour law
19. Public access rights
20. Leases
21. Rights in security
22. Liferent
23. Trusts: what they are and how they are created
24. Trusts: their life in health and in sickness
25. Trusts: variation and termination
26. Succession: general issues
27. Legal rights
28. Testate succession
29. Intestate succession
30. Destinations
31. Execution of documents
32. Human rights
Appendix: The feudal system